Same Customer Same Issue Policy

January 2020

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OVERVIEW

The Energy and Water Ombudsman (Victoria) (EWOV) complies with the National Benchmarks for Industry-Based

Customer Dispute Resolution and Key Practices for Industry-Based Customer Dispute Resolution (March 2015).1 In

doing so, EWOV has developed case handling policies and procedures to ensure that its services are accessible to

customers.2

This policy details if and when EWOV will reopen a complaint or register a new complaint from the same customer

on the same issue.

Scope of this policy

This policy applies to complaints closed with the following outcomes:

Conciliation;

Procedural Closure - due to the customer failing to:

­ make payments towards outstanding charges in line with EWOV’s Payment of Undisputed Amounts Policy

­ participate in the Investigation e.g. did not provide documents or information relevant to the Investigation

­ stay in contact with EWOV or respond to contact attempts.

This policy does not apply to complaints closed where in EWOV’s view:

the complaint has insufficient merit to warrant further investigation; or

the provider has made a fair and reasonable offer that appropriately addresses the merits of the complaint, but

the customer has not accepted that offer.

Where a complaint has been closed for these reasons, any customer wishing to have the matter reopened or

reinvestigated must apply for an Internal Review under EWOV’s Internal Complaint Handling Policy.

Process for applying this policy

Conciliation staff will consult with their Team Manager (TM) in applying this policy.

1 https://treasury.gov.au/publication/benchmarks-for-industry-based-customer-dispute-resolution/ 2 However, in order to maintain independence and fairness, EWOV also needs to ensure that its resources are used appropriately and its processes are not abused. In certain circumstances it is appropriate for EWOV to limit access to its services.

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Where a customer contacts EWOV following the closure of their Investigation to request that the matter be

reopened or reinvestigated, the following approach will be taken:

Reopen the complaint

EWOV will only reopen the closed complaint if:

the customer recontacts EWOV within 30 days of the complaint being closed

the relevant TM is satisfied that further investigation of the issues raised is required.

If the reason the customer recontacts EWOV is because the provider has not followed through with the resolution,

the case will be reopened and upgraded.

Register an Assisted Referral

EWOV will refer the customer to a higher level contact at the provider if:

the customer recontacts EWOV more than 30 days after the complaint closure

the customer has not had any contact with the provider, or has had one further contact with the provider at the

call centre level, since the complaint closure.

Register a new Investigation EWOV will register a new Investigation if:

the customer recontacts EWOV more than 30 days after the complaint closure

the customer has had two or more further contacts with the provider since the complaint closure

the relevant TM believes that further investigation of the customer’s concerns is required.

In considering whether further investigation is required, a TM will have regard to the customer’s circumstances.

Where a customer’s circumstances have changed, even if the underlying issue remains the same, EWOV will

generally investigate the matter.

Additional considerations

EWOV considers additional factors when assessing whether to reopen a complaint in the following circumstances:

Complaint closed due to no contact from the customer If a complaint is closed because a customer didn’t stay in contact with EWOV or respond to contact attempts, the

customer will be required to provide an adequate explanation for not contacting EWOV when requested (e.g. did not

receive EWOV correspondence, was on leave, was unwell etc.). The TM must be satisfied with the reasons provided

by the customer for not contacting EWOV when requested.

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Disconnection/Restriction and payment difficulties EWOV will aim to achieve sustainable outcomes for all hardship complaints to prevent customers from experiencing

future disconnection and thus requiring future EWOV assistance. Where a customer’s circumstances change so as to

impact upon their ability to meet previously agreed payment levels, the complaint will be reopened or a new

complaint registered.3

However, where a customer recontacts EWOV to advise that they have been disconnected / restricted again or have

been threatened with disconnection / restriction and:

it relates to the same supply (electricity, gas or water) as the previous complaint

it is due to a failure to make regular affordable payments towards their account

their circumstances remain unchanged from the previous complaint,

EWOV will usually require that the customer make an affordable4 payment towards the account before we take any

action. EWOV will also require the customer to confirm they will make regular affordable payments and seek the

advice of a financial counsellor during the course of the Investigation.

EWOV may require a customer to provide proof of payment (e.g. a receipt number) if the TM considers this is

appropriate and necessary in the circumstances.

EWOV may delay arranging reconnection of supply or suspension on disconnection / restriction action until this

proof has been provided.

Where a complaint is reopened or a new complaint is registered in these circumstances, it may be appropriate for

EWOV to arrange for:

a financial counsellor assessment

an energy audit

attendance at a site visit by both EWOV and the provider where appropriate to expedite complaint resolution.

Complaint closure letters must clearly outline the agreed outcomes for these complaints with a requirement for the

customer to maintain contact with the provider in the future so that if circumstances change, they can agree on new

ways forward.

Assessment of wrongful disconnection

In the case of an investigation regarding the disconnection of gas or electricity, EWOV will assess whether the

disconnection was carried out in accordance with the terms and conditions of the customer’s contract and whether

the Wrongful Disconnection Payment (WDP) is applicable. In the case of an Assisted Referral regarding the

3 For questions to guide decision making about reopening complaints relating to disconnection issues, see Appendix 1. 4 EWOV will make an assessment of what an affordable payment would be, having regard to any relevant circumstances. Such circumstances may include previous complaint outcomes including any previously agreed payment arrangements, any financial counselling advice received by either EWOV or the customer, and the customer’s advice regarding what they can afford to pay.

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disconnection of gas or electricity, EWOV will refer the question of whether the disconnection was carried out in

accordance with the terms and conditions of the customer’s contract to a higher level provider contact.

See also Appendix 1 – Questions about Disconnection.

Failure to make payments/failure to agree to make payments

If we think it is reasonable for the customer to pay some or all of the account charges and the customer refuses to

pay this amount, the matter will be registered as an Assisted Referral and handled according to EWOV’s standard

case handling processes. No further action will be taken by EWOV and the customer will be free to pursue their

complaint in another forum.

Reopening/Registering of complaints on multiple occasions Sometimes customers contact EWOV on multiple occasions regarding the same issue. Where a complaint has been

reopened or a new complaint registered and then subsequently closed because a customer has not participated (e.g.

failure to make payments, provide information or remain in contact), EWOV will not automatically provide further

assistance should the customer recontact EWOV.

If the TM is satisfied that the circumstances of the customer and the nature of the complaint remain the same and

there are no extenuating circumstances, the TM will recommend to the General Manager Operations that EWOV

doesn’t handle the complaint (as per clause 3.10 of EWOV’s Charter). The customer will be advised in writing of

EWOV’s decision and the reasons for the decision. An Assisted Referral will be registered and EWOV will strongly

recommend to the customer to engage with the provider, noting that it will usually be the customer’s last

opportunity to come to an agreed sustainable outcome.

Document history

Action and Date Updated By

Updated : June 2013 JVE

Updated : August 2018 HMN

Updated : January 2020 NAM

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APPENDIX 1: QUESTIONS ABOUT DISCONNECTION

These questions are intended to guide decision making regarding registering / reopening complaints for customers

who have come to EWOV on more than one occasion about disconnection issues. They are particularly relevant to

customers who are in the position of being taken off payment difficulty or provider hardship programs following non-

payment or non-cooperation with previously agreed actions.

PROVIDER CONTACT

What contact has the provider had with the customer?

Was the customer on a provider payment difficulty or hardship program prior to notice of disconnection / actual

disconnection?

How many times had the provider contacted the customer to discuss account issues?

How were those contacts initiated and carried out?

Were the contact efforts appropriate for the customer’s circumstances?

How many opportunities has the customer been given by the provider to fix the issue and what were the

proposed solutions?

CUSTOMER SITUATION

What is the customer’s case history with EWOV?

How many enquiries?

How many referred complaints?

How many Investigations?

What were the issues of all of the above? Do they appear to be issues similar to the current issue?

What were the outcomes of any Investigations?

Did the Investigation/s include an energy audit and session with an independent financial counsellor?

Did the customer appear in previous Investigations to fully participate?

­ What was the customer’s payment history during the Investigations?

­ Did they contact EWOV as requested?

­ Was the complaint closed due to no contact?

How many payments have they made since the payment arrangement was agreed on (require substantiation in

most cases)?

Has the customer provided EWOV with information about why there has been no contact (where applicable)?

Where applicable the customer needs to be asked detailed questions about:

­ why they have not participated in previous Investigations

­ why they did not previously contact EWOV when requested

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­ why they have made no good faith payments (if this is the case)

­ what contact have they made with the provider.

Have the customer’s circumstances changed?

Has there been an income change which will impact on capacity to pay?

Have the customer’s housing arrangements changed which may impact on capacity to pay (rent etc) or energy

usage?

Have there been any other energy usage changes which may have impacted capacity to pay (change appliance

use etc)?

Have there been any changes to the customer’s family situation which may impact capacity to pay?

With respect to the last resolution / agreed outcomes prior to no contact:

Did the customer stick to the plan?

How long did the customer adhere to the plan?

Did the customer cancel agreed outcomes (i.e. Centrepay cancelled)?

All of this information should enable an informed decision to be made as to whether EWOV should reopen the

complaint / open a new complaint.